Explanatory Memorandum
(Circulated by authority of the Minister for Finance, Senator the Hon Mathias Cormann)NOTES ON SCHEDULE 4 - Australian Sports Anti-Doping Authority Act 2006
Introduction
40. Schedule 4 will abolish the Advisory Group of the Australian Sports Anti-Doping Authority (ASADA). The ASADA Advisory Group is not active and has no current members.
Explanation of the provisions
41. Items 1 and 2 remove references to "an Advisory Group" from the simplified outline in section 3 of the Australian Sports Anti-Doping Authority Act 2006.
42. Items 3, 4 and 5 repeal the definitions of "advisory committee", "advisory committee member," "Advisory Group", "Advisory Chair" and "Advisory Group Member" as well as removing the reference to "the Advisory Group" from the definition of sporting administration body and vacancy in Section 4.
43. Item 6 repeals Subsection 5(1) given the abolition of the Advisory Group, there will be no vacancies on the Advisory Group.
44. Item 7 removes the reference to the "Advisory Group" from the simplified outline for Section 20CA of Part 3A of the Australian Sports Anti-Doping Authority Act 2006.
45. Item 8 removes the obligation on the ASADA Chief Executive Officer to make resources and facilities available to the Advisory Group in Paragraph 21(1)(ka).
46. Item 9 repeals Subsection 21(1A) given the abolition of the Advisory Group, the ASADA Chief Executive Officer will no longer receive advice and recommendations from the Advisory Group.
47. Item 10 removes the reference to "Advisory Group member or an" from Subsection 24A(2) given the abolition of the Advisory Group, there is no longer a need to ensure an Advisory Group member is not eligible for appointment as the ASADA Chief Executive Officer.
48. Item 11 repeals Paragraph 24J(2)(b) which is the provision enabling the responsible Minister to terminate the appointment of the ASADA Chief Executive Officer for breaching rules around participation in Advisory Group meetings. This provision will no longer be required as there are no more Advisory Group meetings.
49. Item 12 repeals Division 6 of Part 3A which provided for the ASADA Chief Executive Officer's authority to establish advisory committees. The authority only allows for the establishment of an advisory committee from the members of the Advisory Group. However, there are no Advisory Group members to draw on. Despite the repeal of this clause, the ASADA Chief Executive Officer will still be able to seek advice as and when required.
50. Item 13 repeals Part 4 and abolishes the Advisory Group.
51. Item 14 removes the reference to "ASDMAC member" and "Advisory Group member" in Subsection 43(3) given the abolition of the Advisory Group, there will no longer be a need to ensure an Advisory Group member is not eligible for appointment as a member of the Anti-Doping Rule Violation Panel.
52. Items 15 to 21 amend Subparagraph 50F(a)(ii), Subparagraph 50F(d)(iii), Subparagraph 50F(d)(v), Subparagraph 50F(d)(vi), Subparagraph 50F(e)(iii), Subparagraph 50F(e)(iv) and Subparagraph 50F(e)(v) to remove the Advisory Group from the application of the Public Governance, Performance and Accountability Act 2013.
53. Items 22 and 23 amend Paragraphs 68(e) and 68(f) to remove scope for an entrusted person to disclose protected information if that disclosure was for the purposes of the performance of functions, or duties, or the exercise of powers of the Advisory Group.
54. Items 24, 25 and 26 amend Paragraph 69(aa), Paragraph 69(g), Paragraph 69(h) and Paragraph 69(i) to remove the authority for members of the Advisory Group and those attending a meeting of the Advisory Group and/or advisory committee being entrusted persons within the meaning of the Australian Sports Anti-Doping Authority Act 2006.
55. Items 27 and 28 amend Subsection 78(1A) and Paragraphs 78(4)(a) to (c) given the abolition of the Advisory Group, there will no longer be a need to protect Advisory Group members from civil actions.
56. Item 29 is a Savings Provisions. Although the Advisory Group will be abolished, previous members of the Advisory Group will remain subject to the provisions about the disclosure of protected information and retain the protections from civil action specified in the Australian Sports Anti-Doping Authority Act 2006.